Venezuela media bills would harm freedom of expression

December 14, 2010 5:06 PM ET

New York, December 14, 2010--The Venezuelan legislature should reject proposed legal reforms that would harm freedom of expression, the Committee to Protect Journalists said today.Legislationthat would regulate Internet content and could force broadcaster Globovisión off the air are up for consideration this week in the Venezuelan National Assembly.

On Thursday, Vice President Elías Jaua put forward a bill
to reform the 2004 Law on Social Responsibility in Radio and Television that would
expand existing broadcast regulations to the Internet, according to a copy of
the bill reviewed by CPJ. It proposes to restrict access to websites if they
are found to distribute content that incites violence against President Hugo
Chávez, disrespects public officials, provokes panic or social disorder, or
attacks "good habits," without specifying what this means.

The bill would also curb content in electronic media
according to the time of the day, with adult content reserved for shows after
midnight, including violent or sexual content and soap operas. This includes news
images of violence.

"We strongly reject these provisions, which represent yet
another attempt by President Chávez to stifle media freedom and control the
flow of information," said Carlos Lauría, CPJ's senior program coordinator for
the Americas. "We urge the National Assembly to ignore these proposed reforms
that would make a mockery of Venezuela's stated commitment to freedom of
expression."

The social responsibility law, passed in
2004, has been widely criticized by press freedom advocates for its broad and
vaguely worded restrictions on free expression. Article 29, for example, bars
television and radio stations from broadcasting messages that "promote, defend,
or incite breaches of public order" or "are contrary to the security of the
nation." CPJ research shows that Venezuelan broadcasters have cancelled critical
news programming to comply with the law.

While lawmakers said the provision was aimed at protecting
citizens' "moral and ethical honor," according to Reuters, critics argued the
measure would seriously limit Internet freedom. Under the proposed reform, the
National Telecommunications Commission (CONATEL)--the government's regulator--could
order Internet service providers to restrict access to websites on their
servers. "This is intended to control websites that post critical comments of
the government," warned Miguel Henrique Otero, editor of the Caracas-based
daily El Nacional.

Another bill
under consideration in the National Assembly would reform the
telecommunications law and may force Globovisión, the only remaining critical
broadcaster, off the air, the network said in a public
letter to the legislature. The bill, reviewed by CPJ, will force owners of
all TV and radio stations to re-register with CONATEL in person. If
broadcasters fail to comply with this provision they will immediately lose
their concession, according to the bill. Globovisión said the bill is meant to
strip the network of its broadcast license.

Globovisión, known for its strident
antigovernment views, has been the only critical private network broadcasting
since RCTV went off
the air in May 2007. The network is
facing a series
of politically motivated investigations, and its president, Guillermo Zuloaga,
fled the country in June after authorities issued a warrant for his arrest. Zuloaga,
who owns several car dealerships, has been accused of unlawful lending and
conspiracy in connection with the dealerships. He has denied any
wrongdoing and said the charges were fabricated as a pretext to shut downGlobovisión. Ana Cristina Núñez, Globovisión's
legal adviser, said it would be impossible for Zuloaga to appear in person
given his legal status, and that he did not plan to return to Venezuela.

Last week, the government announced it was acquiring a
minority 20 percent of Globovisión's shares after completing its takeover of
Banco Federal, a bank whose president, Nelson Mezerhane, controlled a minority
stake of the critical broadcaster. Authorities took control of Banco Federal in
2010, citing financial problems and irregularities. Facing prosecution,
Mezerhane also fled the country earlier this year. Globovisión insisted that
the official move would not alter its editorial line.

Chávez's allies are trying to pass several bills before
January 5, when a newly elected legislature takes office, according to local news
reports. The ruling party lost its absolute majority in the September
legislative elections. The National Assembly is debating today whether to give
Chávez the power to rule by decree for 12 months. The Venezuelan president said
he is seeking these powers to help flood victims, but critics said it is a move
meant to push forward his political agenda.

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